Source: All England Reporter
Publisher Citation: [2012] All ER (D) 171 (Jan)
Court: Chancery Division
Judge: Roth J (judgment given extempore)
Representation Christopher Heather (instructed by Charles Russell LLP) for the claimants.
  Philip Rainey QC and Ellodie Gibbons (instructed by Seddons Solicitors) for the defendant.
Judgment Dates: 25 January 2012

Catchwords

Landlord and tenant - Leasehold enfranchisement - Long tenancy - Claimant tenants seeking to collectively enfranchise - Defendant property owner allowing enfranchisement relating to building but not to associated grounds - Defendant seeking to construct lightwells on grounds - Claimants objecting to construction - Whether lightwells and their construction breaching covenant for quiet enjoyment of land - Leasehold Reform Housing and Urban Development Act 1993.

The Case

Landlord and tenant Leasehold enfranchisement. The Chancery Division held that, where the defendant owner of a block of flats proposed to dig lightwells for a basement development, damages would be awarded only regarding the digging of a preliminary trench, and the installation of the lightwells would be allowed to proceed.

Practice Areas

The judgment for this case is forthcoming.

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